home » Miscellaneous » Benefits for retirement. Definition of seniority and types of holidays included in the length of service in accordance with the Labor Code of the Russian Federation Student leave includes preferential length of service

Benefits for retirement. Definition of seniority and types of holidays included in the length of service in accordance with the Labor Code of the Russian Federation Student leave includes preferential length of service

As practice shows, many citizens cannot understand whether sick leave is included in the length of service, and under what condition years of work affect the calculation of pensions. To eliminate confusion, it is important to understand which seniority goes speech.

Distinguish: labor and insurance!

The pension reform carried out in 2001, the main provisions of which came into force on January 1, 2002, radically changed the approach to calculating pensions. If earlier length of service mattered, now when going on a well-deserved rest, the main part of the state allowance is formed from accumulated insurance premiums, which are deducted only if the employee works.

On a note! Federal Law 173 of December 17, 2001 "On labor pensions V Russian Federation» For the first time, two concepts were legally defined - work and insurance experience. The first was formed taking into account the years worked, the second - on the basis of contributions to the PFR (since 2017 - to the Federal Tax Service).

IN insurance experience there is a concept of non-insurance periods - this is the time when an employed employee, for whom deductions were made to the PRF, took a forced timeout:

served in the army;

went on sick leave with social security payments;

took leave to care for a newborn (6 years in total);

cared for a disabled person of 1 gr., a disabled child or an elderly person from 80 years old;

was considered unemployed and received state benefits, participated in socially significant work, and was also on the way from hometown to another locality for employment at a new place of work in the direction of the labor exchange;

wives of military men, diplomats and consuls, if it is impossible to find a job, add a maximum of 5 years of being next to their husband.

In order for these cases to be recognized as non-insurance periods and included in the insurance length of service, the duration of work does not matter. However, such periods can be included in the length of service only if immediately before the moment they began or immediately after they ended, the citizen was officially employed, i.e. appropriate payments were made for it in the PF.

Will sick leave count?

The pension law, formed before 2002 (before the entry into force of the new pension legislation), unambiguously answers the question of whether sick leave is included in the general seniority. Yes, it includes all periods of temporary disability during official employment.

In addition to the time of official work, the length of service until 2002 includes:

registration at the labor exchange with the payment of benefits;

army service;

study at schools, technical schools and universities, including postgraduate studies and clinical residency, as well as advanced training courses;

care for a newborn up to 3 years, also 70 days before birth, but in total - no more than 9 years;

wives of diplomats and military men received an additional 10 years while staying next to their husband if they could not find work during this period.

Thus, it is obvious that:

with the pension right formed before 2002, sick leave is included in the length of service;

when formed after 2002, sick leave can be included in insurance part pensions as a non-insurance period, if during the illness the person was officially employed.

Is training included in work experience? Here the situation is somewhat different than with the hospital. Years of study at secondary vocational or higher educational institution will be included in the labor part of the pension only for those whose pension law was formed before 2002.

But for the readiness to fulfill their duty to the country, the state will thank in any case, so there should be no doubt whether the army is included in the length of service and for calculating the sick leave.

Like sick leave, the length of service includes the time of parental leave, however, before and after pension reform the period of counted time spent on maternity leave differs.

What can beneficiaries expect?

Certain categories of citizens, including those who have worked in hazardous industries and in the harsh climatic conditions of the North, are interested in whether sick leave is included in preferential service, because if the answer is yes, then they will be able to retire earlier.

Based on government decree No. 516 of 07/11/2012, such length of service includes periods of temporary disability while receiving social insurance benefits, and in addition, the time of paid leave (basic and additional).

So, the northern length of service includes not only sick leave, but also annual leave, as well as a decree granted before October 6, 1992. The shift method takes into account not only the actual time of employment at the facility, but also the rest between shifts, as well as the path to the place of sale their duties and vice versa.

Not only vacation and sick leave are included in the "harmful" length of service, but there are a number of cases when "non-working" time is included in the length of service (until 2002) in an increased amount:

one and a half allowance provided for the time of work in the areas infected after the Chernobyl tragedy and in case of employment in the Far North and identical areas;

double- conscription service, work time in the period 1941-1945. (work in the occupation is not taken into account), employment in leper colonies and similar institutions, as well as to the blockade of Leningrad and prisoners of concentration camps;

triple– service in the army and in partisan detachments during the conduct of hostilities, treatment in the hospital upon receipt military injury, and military service in the Chernobyl zone, work in besieged Leningrad, a period of detention, imprisonment or exile on an unfounded criminal charge with subsequent rehabilitation.

Thus, regardless of when the pension right was formed, periods of temporary disability, along with military service on conscription and maternity leave, are included in the length of service for the calculation future pension, but taking into account the above nuances.

Dear Victor. This document terminated the employment contract with the grandmother (you can demand a refund). In this case, you must specify in the receipt. As part of enforcement proceedings, you have the right to go to court and challenge the payment in judicial order, and writ of execution on the basis of Art. 1109 of the Civil Code of the Russian Federation, Art. Art. 119, 93 and 107 of the Criminal Procedure Code of the Russian Federation
Article 45
1. For the obligations of one of the spouses, execution may be levied only on the property of this spouse. If this property is insufficient, the creditor shall have the right to demand that the share of the debtor spouse, which would be due to the debtor spouse in the division of the common property of the spouses, be allocated in order to levy execution on it. 2. Collection is levied on the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court has established that everything received under the obligations of one of the spouses was used for the needs of the family. In case of insufficiency of this property, the spouses bear joint and several liability for the specified obligations with the property of each of them.
If it is established by a court verdict that the common property of the spouses was acquired or increased at the expense of funds obtained by one of the spouses in a criminal way, execution may be levied, respectively, on the common property of the spouses or on a part of it.
3. Liability of spouses for harm caused by their minor children is determined by the civil legislation. In accordance with Part 2 of Art. 65 of the Family Code of the Russian Federation, parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child.
If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.
3. In case of failure to comply with the court decision, the measures provided for by the civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical organizations, institutions social protection population and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

The specific duration of allowance for harmfulness is established by an employment contract on the basis of an industry (inter-sectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions. Excluded periods Be that as it may, in any case, the duration of the named leave depends on the "harmful" length of service of the employee. At the same time, article 121 Labor Code(hereinafter referred to as the Labor Code) it is only said that the length of service giving the right to "harmful" holidays includes only the time actually worked under the appropriate conditions. There is no mention of any exclusion periods here. However, it is obvious that from this norm it directly follows that it is necessary to exclude all periods when the employee was not actually under the influence of harmful working conditions. Such periods include the period of his illness, vacation, decree, etc. We consider "harmful" days of work ...

What is included in the harmful experience?

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Along with the actual work, the special length of service includes periods of temporary disability and annual paid holidays, including additional ones, as well as periods of disability of groups I and II due to an injury associated with production or an occupational disease. Thanks for the answer!

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Calculation of the number of vacation days for harmful working conditions

Crimea expired, No. 12015

On violations during special assessment, No. 21
Overalls: all about issuance, accounting and write-off, No. 16
The results of the special assessment can be checked, No. 9
Carrying out a special assessment of jobs: hurry up slowly, No. 4

"Ambulance" for industrial injury, No. 21
Results of the special assessment: we agree with the employee, No. 19
Harmless instructions for holidays "for harmfulness", No. 19
Special assessment: the final word - for the commission, No. 18
Special pricing will help reduce costs, No. 16
Overalls and milk - according to the results of the special assessment, No. 13
We conduct a special assessment at the expense of the FSS, No. 13
Special assessment: simply about the complex, No. 12
Compensation "for harmfulness" before and after a special assessment of working conditions, No. 7
There are almost 5 years for the special assessment of office jobs, No. 6

Harmless instructions for holidays "for harm"

The second list, which is also given below, allows early retirement for males who have reached the age of 55 if they have been active in the relevant position for 12.5 years, and their total length of service was 25 years. Female persons can retire early if they have worked in the industry included in the second list for 10 years, and their total length of service is at least 20 years. In addition, the age of a woman who decides to take early retirement must be at least 50 years old.

Harmful experience - lists 1 and 2 It was said above that there are 2 lists that list areas of activity. By working in them for a certain time, a person deserves the right to calculate a pension for harmful experience, as well as the ability to retire earlier than employees in other industries.

Additional leave for harmfulness

E.A. Shapoval, lawyer, Ph.D. n. Additional paid leave for work in harmful and (or) dangerous working conditions (leave "for harmfulness"), as well as the main leave, must be provided to the employee annually. And not necessarily along with the main one. Let's see what periods are included in the "harmful" vacation experience and how to calculate the number of vacation days "for harmfulness". What to include in the "harmful" vacation period The "harmful" vacation period includes only the time actually worked in harmful and (or) dangerous working conditions.
121 of the Labor Code of the Russian Federation. For workers who are employed in jobs specified in the List of hazardous industries. By the Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22, p. 12 Instructions, approved.
At the same time, so far, it was on the basis of this “rejected” norm that only those days in which the employee was actually employed in harmful conditions for at least half of the working day established for workers of this production, workshop, profession or position were counted as “harmful” length of service. Thus, now the “harmful” experience needs to be defined in a new way. First of all, we look at the List of “harmful” professions, for the use of which the Instruction was approved. In the event that the employee’s profession is named in this List and there is a postscript “permanently employed” or “permanently working”, then “harmful” are the days when the employee devoted a full day to this work. If there is no such clarification for the employee’s profession, then the “harmful” length of service should include all the days when the employee was engaged in “harmful” work.
At the same time, it doesn’t matter more or less than part-time he was “harmful”.

Is annual leave included in harmful experience

By the Decree of the State Committee for Labor of the USSR, the All-Union Central Council of Trade Unions dated November 21, 1975 No. 273 / P-20 (hereinafter referred to as the Instruction):

<еслив Списке вредных производств в отношении должности (профессии) работника есть запись «постоянно занятый» или «постоянно работающий» - дни, в которые работник фактически был занят во вредных условиях полный рабочий день;
<еслитакой записи в Списке нет - дни, в которые работник был занят во вредных условиях не менее половины рабочего дня.

What is counted in the length of service for leave "for harmful" to employees whose positions (professions) are not indicated in the List of hazardous industries? FROM AUTHENTIC SOURCES Nina Zaurbekovna KOVYAZINA Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia “In accordance with Art. 121 of the Labor Code of the Russian Federation, "harmful" leave is provided for the time actually worked.

Additional rest is provided for the worked year on the basis of a special assessment of jobs, which confirms the harmfulness of work. The results of the attestation are applied from the moment the place of work is created until the next assessment. The day of creation is the day the employee is hired to this place, provided that he works in special conditions for the entire shift.

A working year is a 12-month interval from the date of employment of a person. A day is considered to be fully worked out in hazardous conditions if the worker has worked in these conditions for more than ½ of the working shift time. If an employee has worked for part of the year in harm, then the duration of the vacation is calculated for him in proportion to the time worked in special conditions.
If the special assessment is carried out in the middle of the year, then leave for harmfulness is provided in proportion to the time of the conditions of the previous certification and for the rest of the period after the next one.

Attention

In a similar manner, “harmful” days should be considered in relation to employees whose professions are not named in the said List, but their jobs are recognized as “harmful” according to the results of a special assessment of working conditions. ... and reduce them to full months The number of full months of work in harmful conditions is determined according to paragraph 10 of the Instruction, which is still in effect. And he orders us to calculate the number of full months of work in harmful conditions by dividing the total number of days of "harmful" work during the year by the average monthly number of working days. The remainder of days, which is less than half of the average monthly number of working days, is excluded from the calculation, and the remainder of days, which is half or more of the average monthly number of working days, is rounded up to a full month.

The second list includes people employed in activities such as:

Paratroopers.
Psychologists.
Theater, ballet or circus performers.
School principals.
Teachers.
Defectologists.
Pilots.
Speech therapists.
Pharmaceutical workers.
Medics.
Food and light industry workers.
Transport workers (air, sea, urban and rail).
Workers in such a branch of the economy as communications.
Workers working in the glass industry.
Geologists.
Workers of agrochemical service of agriculture.

Both lists have the right to "preferential" retirement. But the first list will be exactly the list of professions that are called “harmful”. Read more about what a privileged experience is here.

Hello, Vera Nikolaevna.

Review of the judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2005

(in civil cases)

"1. Periods of parental leave are subject to inclusion in the length of service in the specialty in case of early appointment of a pension, if the indicated periods took place before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to The Code of Labor Laws of the Russian Federation, with the adoption of which the said period ceased to be included in the special length of service in the case of granting a pension on preferential terms), regardless of the time of applying for a pension and the time of the emergence of the right to early appointment of an old-age pension.

In refusing to include in the plaintiff's work experience the periods of her being on parental leave, the presidium of the regional court proceeded from the fact that at the time of her application to the Pension Fund for the appointment of an early pension, the Federal Law "On labor pensions in the Russian Federation" was in force, which there is no provision for the inclusion of parental leave in the length of service giving the right to early appointment of a labor pension. Such an opportunity is not provided for by the current Labor Code of the Russian Federation, in accordance with Article 256 of which parental leave is counted in the general and continuous work experience, as well as in the length of service in the specialty (with the exception of cases where a pension is granted on preferential terms).

Meanwhile, the presidium did not take into account that before the entry into force of the Law of the Russian Federation of September 25, 1992 N 3543-1 "On the introduction of amendments and additions to the Code of Labor Laws of the Russian Federation", with the adoption of which the period of a woman's stay on maternity leave the child ceased to be included in the length of service in the specialty in the case of a pension on preferential terms, Article 167 of the Labor Code of the Russian Federation was in force, which provided for the inclusion of the specified period in the special length of service, giving the right to early appointment of an old-age pension.

Definition N 45-B05-5

Ask an additional question

Is parental leave included in the appointment of a preferential pension?

Kondrashov Alexey Valerievich (09/18/2013 at 09:08:52)

Good afternoon. Periods of parental leave are subject to inclusion in the length of service in the specialty in case of early appointment of a pension if the indicated periods took place before October 6, 1992 (the time the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to the Code" came into force). laws on labor of the Russian Federation", with the adoption of which the said period ceased to be included in the special length of service in the case of granting a pension on preferential terms), regardless of the time of applying for a pension and the time of the emergence of the right to early appointment of an old-age pension. In your case, if the leave was granted on July 10, 1992, it will be included in the seniority, but only until October 6, 1992.

Yuri Vladimirovich (09/18/2013 at 09:19:17)

Periods of parental leave are subject to inclusion in the length of service in the specialty in case of early appointment of a pension if the indicated periods took place before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to the Code laws on labor of the Russian Federation", with the adoption of which the said period ceased to be included in the special length of service in the case of granting a pension on preferential terms), regardless of the time of applying for a pension and the time of the emergence of the right to early appointment of an old-age pension.
In refusing to include in the plaintiff's work experience the periods of her being on parental leave, the presidium of the regional court proceeded from the fact that at the time of her application to the Pension Fund for the appointment of an early pension, the Federal Law "On labor pensions in the Russian Federation" was in force, which there is no provision for the inclusion of parental leave in the length of service giving the right to early appointment of a labor pension. Such an opportunity is not provided for by the current Labor Code of the Russian Federation, in accordance with Article 256 of which parental leave is counted in the total and continuous work experience. as well as in the length of service in the specialty (except for cases of granting a pension on preferential terms).
Thus, given that Articles 6 (Part 2), 15 (Part 4), 17 (Part 1), 18, 19 and 55 (Part 1) of the Constitution of the Russian Federation, in their meaning, imply legal certainty and the predictability of legislative policy associated with it in the field of pension provision, necessary to ensure that the participants in the relevant legal relations can reasonably foresee the consequences of their behavior and be confident that the right acquired by them on the basis of current legislation will be respected by the authorities and will be implemented, the specified periods of the plaintiff's stay on leave for care for a child were subject to inclusion in the length of service in the specialty in case of early appointment of an old-age pension, regardless of the time of her application for a pension and the time when she became entitled to an early appointment of an old-age pension.
The plaintiff in the case was on parental leave from June 7, 1980 to April 12, 1981, from February 25, 1991 to August 31, 1992, that is, these periods of time took place before the entry into force of the Law of the Russian Federation of 25 September 1992 N 3543-1, and the court of first instance reasonably included these periods in the length of service necessary for the appointment of an early retirement old-age pension.
Given these circumstances, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation reversed the decision of the Presidium of the Regional Court regarding the cancellation of the decision of the district court and the issuance of a new decision to dismiss the claim, leaving the decision of the district court in force.

Read also: How are holidays and salaries paid?

Definition N 45-B05-5 "

Pashkova Nadezhda Nikolaevna (09/18/2013 at 10:08:16)

Good afternoon, until October 6, 1992, being on parental leave is included in the preferential length of service, after that it is not, since amendments were made to the Labor Code of the RSFSR then in force. The Law of the Russian Federation of September 25, 1992 “On Amendments and Additions to the Code of Labor Laws of the RSFSR” amended Art. 167 Labor Code of the RSFSR; Part 5 of this article is worded as follows: “Maternity leave is counted in the general and continuous work experience, as well as in the length of service in the specialty (except for cases of granting a pension on preferential terms).” The above Law of September 25, 1992 entered into force on October 6, 1992, until that time Art. 167 of the Labor Code of the RSFSR did not contain a clause excluding the inclusion of parental leave in the length of service for granting a pension on preferential terms. Article 167 of the Labor Code of the RSFSR (as amended in force until 10/06/1992) provided for the inclusion of additional leave without pay until the child reaches the age of one year in the general and continuous length of service, as well as in the length of service in the specialty

Is parental leave included in the preferential teaching experience?

The total work experience in the school is 27 years. Of these, 2.5 years, two leave to care for a child up to 1.5 years and one leave from 1.5 to 3 years. Will parental leave up to 1.5 years old be included in the teaching experience, based on the Federal Law of December 28, 2013 N 400-FZ.

Federal Law No. 400-FZ of December 28, 2013 (as amended on December 29, 2015) “On Insurance Pensions”

1. The length of service, along with the periods of work and (or) other activities, which are provided for in Article 11 of this Federal Law, shall include:

3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than six years in total;

Article 19

1. Federal civil servants who have been assigned a retirement pension in accordance with Federal Law No. 166-FZ of December 15, 2001 “On State Pension Provision in the Russian Federation”, who have at least 15 years of insurance experience, which includes periods referred to in Part 2 of this Article, upon their application (instead of the recalculation of the old-age insurance pension provided for by Clause 3 of Part 2 of Article 18 of this Federal Law) upon reaching the age that gives the right to an old-age insurance pension (including early), they are entitled to receipt of a share of the old-age insurance pension, established to the superannuation pension, based on the sum of individual pension coefficients for a period of at least 12 full months of work and (or) other activities after the superannuation pension is awarded. When establishing the share of the insurance old-age pension, the said individual pension coefficients cannot be used for the purpose of recalculating the insurance old-age pension provided for by Clause 3 of Part 2 of Article 18 of this Federal Law, as well as for the purpose of recalculating the size of the share of the insurance old-age pension provided for by Part 4 of this Federal Law. articles.

Lawyers Answers (1)

Borisov Vladimir Alexandrovich

From the above, it follows that the time spent on parental leave is included in the preferential (pedagogical) experience. I'm right?
Oksana

Oksana, you are right in one thing that parental leave is included in the insurance experience. However, you are not a public servant and art. 19 does not apply to you. In accordance with the Labor Code of the Russian Federation (Article 256), parental leave is counted in the total and continuous work experience, as well as in the work experience in the specialty ( except in cases of early appointmentinsurance old age pension).

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Will 1.5 year parental leave be included in my preferential service?

"Review of the judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2005.

(in civil cases)

Read also: If the salary is less than the living wage

1. Periods of being on parental leave shall be included in the length of service in the specialty in case of early appointment of a pension, if the indicated periods took place before October 6, 1992 (the time when the Law of the Russian Federation of September 25, 1992 "On Amendments and additions to the Code of Labor Laws of the Russian Federation", with the adoption of which the said period ceased to be included in the special length of service in the event of granting a pension on preferential terms), regardless of the time of applying for a pension and the time of the emergence of the right to early appointment of an old-age pension.

Meanwhile, the presidium did not take into account that before the entry into force of the Law of the Russian Federation of September 25, 1992 N 3543-1 "On the Introduction of Amendments and Additions to the Code of Labor Laws of the Russian Federation", with the adoption of which the period of a woman's stay on maternity leave the child ceased to be included in the length of service in the specialty in the case of a pension on preferential terms, Article 167 of the Labor Code of the Russian Federation was in force, which provided for the inclusion of the specified period in the special length of service, giving the right to early appointment of an old-age pension.

Thus, given that Articles 6 (Part 2), 15 (Part 4), 17 (Part 1), 18, 19 and 55 (Part 1) of the Constitution of the Russian Federation, in their meaning, imply legal certainty and the predictability of legislative policy associated with it in the field of pension provision, necessary to ensure that the participants in the relevant legal relations can reasonably foresee the consequences of their behavior and be confident that the right acquired by them on the basis of current legislation will be respected by the authorities and will be implemented, the specified periods of the plaintiff's stay on leave for care for a child were subject to inclusion in the length of service in the specialty in case of early appointment of an old-age pension, regardless of the time of her application for a pension and the time when she became entitled to an early appointment of an old-age pension.

The plaintiff in the case was on parental leave from June 7, 1980 to April 12, 1981, from February 25, 1991 to August 31, 1992, that is, these periods of time took place before the entry into force of the Law of the Russian Federation of 25 September 1992 N 3543-1, and the court of first instance reasonably included these periods in the length of service necessary for the appointment of an early retirement old-age pension.

Given these circumstances, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation reversed the decision of the Presidium of the Regional Court regarding the cancellation of the decision of the district court and the issuance of a new decision to dismiss the claim, leaving the decision of the district court in force.

Definition N 45-B05-5 "

In accordance with the latest judicial practice of the Armed Forces of the Russian Federation, parental leave is included in the medical / ped / length of service for the appointment of an early pension in full (up to 3 years), if it was granted before 10/06/1992.

But there are nuances. The fact is that, in accordance with Article 165 of the Labor Code, until October 6, 1992, women were granted maternity leave of fifty-six calendar days before childbirth and fifty-six (in the case of abnormal childbirth or the birth of two or more children - seventy) calendar days after childbirth. During this period, state social insurance benefits were paid. Maternity leave has been and is now included in the teaching experience, but it SHOULD NOT BE CONFUSED WITH THE CARE OF THE CHILD. These are different vacations. Thus, it appears that for parental leave to be included in the parental leave period, it is necessary that it is the CHILD CARE LEAVE (and not maternity leave) that was granted before October 6, 1992.

However, I advise you to still go to court and take the risk. After all, you have nothing to lose, except for the state duty of 200 rubles.

And jurisprudence is changing.

A few years ago, vacations were not included at all in honey / ped / seniority, more recently, parental leave was included only until 10/6/1992, this was a SUPPRESSIVE date, but now it can be included until almost 1995.

Due to the fact that this issue is of professional interest to me, I will draw up a statement of claim free of charge.

Leave to care for a child up to 3 years - in the experience of doctors and teachers. Continuation.

Earlier, I already wrote about the practice of including periods of leave to care for a child until they reach the age of 3 in the special experience in order to assign an early pension to education and healthcare workers.
At the time of writing the last article, a fairly stable practice has developed in the courts, according to which leave to care for a child until he reaches the age of one and a half years and additional leave to care for a child until he reaches the age of three years, began to be included in the special experience, but - only until October 6, 1992. It is noteworthy that the published jurisprudence of the Supreme Court of the Russian Federation considered vacation periods that ended before October 6, 1992. However, the current situation has changed significantly.
In 2010, the Supreme Court published the Ruling of the Judicial Collegium for Civil Cases dated October 22, 2009 N 49-B09-14, which considered the issue of including parental leave granted before October 6, 1992, but continuing after this date.

G. filed a lawsuit against the State institution - the Office of the Pension Fund of the Russian Federation in the Ilishevsky district of the Republic of Bashkortostan to recognize the refusal to grant an early labor pension as unlawful. In support of her claims, the plaintiff referred to the fact that she had the necessary 25-year teaching experience for the appointment of an early retirement pension, however, by decision of the UPF RF in the Ilishevsky district of the Republic of Bashkortostan, the following period of being on parental leave with October 6, 1992 to August 15, 1994

Preferential seniority provides advantages for receiving early retirement, as well as for preferential security. The Law of the Russian Federation No. 173 marks the categories of citizens eligible for preferential calculation of seniority. These include:

Women who have given birth to 5 or more children;
Mothers of congenital disabilities who raise children until they reach the age of majority;
Having given birth to 2 children and having worked in the Far North, the time established by law;
visually impaired;
midgets;
Underground mining workers;
Rescuers;
Fishing industry workers;
Firefighters;
Medical workers;
Pilots;
teachers;
Creative workers;
Employees of the Ministry of Internal Affairs;
Military personnel;
Workers in hazardous and unhealthy working conditions.

Women who have reached the age of 50 and have worked in agriculture as tractor drivers and other sectors of the economy are also entitled to preferential seniority.

Under what conditions is a preferential seniority assigned?

The condition for the appointment of early retirement is permanent employment, taking into account the full working day in the positions held in the list. When combining professions, the conditions and nature of the work are taken into account. This fact is confirmed by the outfits of the work performed.

Documents required to confirm preferential service

The main document to confirm the preferential length of service is a work book with the necessary information about the worker entered into it:

FULL NAME;
Date of Birth;
Education;
Speciality;
Profession;
Information about hiring.

Entries must match the text of the order. The name of the position held, or profession, the name of the department, section, workshop to which the employee was accepted or transferred, are entered in the work book with a note about the order or a record of the transfer. In accordance with the Unified Tariff Qualification Handbook, the name of the profession is established, depending on the nature of the work performed. Any inconsistency with this guide promises serious problems with the .

Together with the work book confirming the nature of the work, conditions are provided for confirming the preferential length of service for pensions and providing pension benefits to workers: work related to the class of hazardous substances, employment in hot areas, in separate structural divisions, etc. All agreed indicators must be documented for the entire working period.

The following documents can serve as proof:

Order of employment;
Company structure;
staffing;
An order to secure a certain area.

Every year, to resolve this issue, the administration of the enterprise must approve the names of professions and positions eligible for pension benefits, lists of workers retiring this year, and confirming special working conditions when verified by authorities with the provision of facts, for the implementation of pension provision.

How to calculate the benefit?

You can calculate the preferential length of service using the legislation Decreed by the Government of the Russian Federation of July 11, 2012 No. 516 approved on the rules of labor periods, giving the right to assign early old-age pensions in accordance with Articles 27 and 28 of the Federal Law. Following the decree, the privileged experience includes:

Vacation periods (basic and additional);
Temporary disability of a citizen;
Direct work;
Probationary period when applying for a job (regardless of whether the employee passed the test or not);
Transfer of a pregnant woman, at her request, on the basis of a medical report, from a job that provides the right to preferential retirement to a job that excludes the production impact of adverse factors (work is equated to the previous one);
The transfer of an employee due to production needs for a period of not more than 1 month, within a year, to working conditions that do not give the right to preferential service, is equated to his main place of work;
Maternity leave, provided that the woman has worked for the appointment of an early retirement pension, taking into account parental leave.

Benefits do not include:

Holidays granted on the basis of the law for passing exams upon admission;
Leave without pay;
Temporary suspension from work for the following reasons:

If the employee fails to undergo a mandatory medical examination;
Appearing at work in a state of intoxication;
Downtime is not dependent on the fault of the employer or worker;
When identifying medical contraindications for performing this work.

To find out the preferential length of service, you should contact the Pension Fund at the place of residence with the provision of: a passport, a work book, an insurance pension certificate, a certificate of employment, a military ID. Taking into account the periods of labor activity and work in conditions harmful to health, employees of the pension fund will help clarify the nuances regarding preferential pensions.